Navigating Maternity Leave in India: When to Inform Your Employer and What to Expect?

Hi, I'm working at ### Pvt Ltd company for the past year and currently receiving a monthly salary of 23k in hand. Now, I am 8 weeks pregnant, so could you please help me with the following questions:

1. When should I inform the company about my pregnancy to avail maternity benefits?
2. When should I apply for leave?
3. How many days of leave can I take?
4. How much salary will I receive during the leave period, considering my current in-hand salary is 23k?

Note: I just heard today that the government is increasing the maternity leave from 12 weeks to 26 weeks. What does this mean?

You can inform your employer about your pregnancy as soon as you conceive. Six weeks before the expected date of delivery and six weeks after the delivery, if there is a pregnancy-related illness, you can avail one more month of leave. Your salary will be at the rate of your average daily wage for the period of your actual absence immediately preceding and including the day of delivery and for the six weeks immediately following that day. What you have heard (26 weeks) is correct; however, it is still in the discussion stage and has not been enacted as law. Hence, the existing 12 weeks only apply to you.

With Regards,
Mr. Thumbs Up

Thanks...

My company told me that your salary is more than 15k so ESI will not apply to you. We can only avail leave for 12 weeks but no salary in this case. What should I do?

Also, right now I am 8 weeks pregnant, and still more than 20 weeks are remaining for going on leaves. So can I expect the 26 weeks leave rule will apply to me?

Hi,

You are entitled to leave with wages for the entire 12 weeks if your employer informs you that there is no salary for the maternity leave period. Then ask them to give it in writing, and you can take this matter to the Assistant Commissioner of Labour.

Sorry, buddy, I cannot predict it. If lawmakers pass the amendment in the upcoming budget session of parliament, then there will be a chance; otherwise, the existing law only applies to you.

With Regards,

Mr. Thumbs Up

You are entitled to maternity benefits under the Maternity Benefits Act of 1961 if your establishment is covered by the Act, and you have worked there for 80 days during the 12 months prior to your date of confinement. You are eligible for 12 weeks of leave with salary.